Speaker set to kick out Awatere Huata

By KEVIN TAYLOR

A joyful Act leadership is preparing to welcome a new MP after the Supreme Court delivered a killer blow yesterday to the party's disgraced former MP Donna Awatere Huata.

Her fate is now in the hands of Parliament's Speaker, Jonathan Hunt, after party leader Rodney Hide delivered him a letter yesterday invoking the so-called party-hopping law to evict her from Parliament.

Mrs Awatere Huata was saying little last night, with a "no comment" sign posted on the door of her parliamentary office.

But there seems little doubt Mr Hunt will declare her seat vacated under the Electoral (Integrity) Amendment Act - possibly as early as today. Notice of the vacancy must be published in the weekly Gazette, which comes out on Thursdays.

Mr Hide said he expected Auckland businessman Kenneth Wang, the next on the party list, to be sworn in when Parliament resumes in a fortnight, giving Act nine MPs again and restoring its parliamentary support funding and other rights such as more question-time slots.

"Proportionality has been broken and we are asking Mr Hunt to declare Donna Awatere Huata's seat vacant. We believe he has no choice," Mr Hide said after the Supreme Court's decision.

The Speaker declared Mrs Awatere Huata an independent MP last November after Act's caucus expelled her following the laying of charges against her and husband Wi Huata by the Serious Fraud Office alleging fraud and attempting to pervert the course of justice.

The charges follow a series of Dominion Post articles starting in December 2002 claiming the couple misused money earmarked for education programmes through the taxpayer-funded Pipi Foundation. They are due to go on trial next year.

The Supreme Court decision was announced to a packed courtroom.

The Chief Justice, Dame Sian Elias, said all five judges of the court unanimously allowed Act's appeal against an Appeal Court ruling in Mrs Awatere Huata's favour.

The court found that Mrs Awatere Huata's actions had led to her becoming an independent MP and that there was no legal reason Act should be prevented from giving the proper notice to the Speaker making her seat vacant.

As Dame Sian announced the decision, Mr Hide slapped the knee of former leader Richard Prebble, who was sitting next to him. Mr Prebble returned the gesture.

The retiring Mr Prebble, who persuaded Act's new leader to pursue the case, had made it his mission to win the legal fight with Mrs Awatere Huata. He was determined she not see out her full term and gain life-time perks such as free air travel.

Outside the court, a beaming Mr Prebble said he had always believed Act would win.

"Here is Donna Awatere Huata, who was elected on the Act list, and she is now in Parliament voting as if she's a Green MP. That's not party hopping, that's party somersaults."

He said the case had cost Act about $90,000 in legal fees. The court also awarded costs against Mrs Awatere Huata - the amount of which has yet to be set.

Mrs Awatere Huata briefly faced the media, saying: "Obviously I'm not that pleased with it at the moment but I thank them [the Supreme Court] for their consideration".

She also thanked her lawyers and her husband, family and friends.

"I'm going to take a few weeks to reflect on my future and I'll just thank everybody for their support."

Trailed by reporters, the MP of eight years calmly walked back to Parliament and went into the debating chamber to vote against the third and final reading of the Foreshore and Seabed Bill.

Mr Wang, 39, who will be New Zealand's first male Chinese MP, had flown to Wellington in advance of yesterday's decision.

He said it had been a "long and rocky road" to get to this point but the wait had been worthit.

A spokeswoman for Prime Minister Helen Clark said the court had spoken and the matter now lay with the Speaker.

Maori Party co-leader Tariana Turia said she was incredulous that the seat of a politician of such standing had been made vacant over a "minor technicality".

Maori would make the connection between the "travesty of justice" that had occurred with the passing of the foreshore bill and the political injustice created by the Supreme Court's judgment on Mrs Awatere Huata.

The Donna Awatere Huata saga

December 2002: Allegations about Donna Awatere Huata and the Pipi Foundation surface.

February 15, 2003: Act caucus suspends her.

November 4, 2003: Serious Fraud Office lays charges against her and her husband Wi Huata.

November 6, 2003: Auditor-General releases report critical of Government funding of the foundation and the MP's actions.

November 10, 2003: Acting Act leader Ken Shirley writes to her invoking the party-hopping-focused Electoral Integrity Act.

November 11, 2003: Speaker declares her an independent MP.

February 19, 2004: Mrs Awatere Huata loses High Court appeal against Act's invoking the party-hopping law.

July 16, 2004: Court of Appeal overturns High Court decision.

October 5, 2004: Act's appeal is heard at the Supreme Court's first sitting.

Yesterday: Supreme Court rules in Act's favour.